PUTTAN v. U.O.I. THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER
WRIC/4522/2025 · 2025-05-29
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139830 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33014-DB Court No. - 2 Case :- WRIT - C No. - 4522 of 2025 Petitioner :- Puttan Respondent :- U.O.I. Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Surendra Kumar Pal,Ajay Shukla,Siddhant Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned Counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate/D.S.G.I. assisted by Sri Varun Pandey,
learned counsel for the opposite parties no. 1 and 2/Union of India and.
2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite party no. 2 to issue the passport by allowing the application dated 07.02.2025.
3. In paras 8 and 9 of the writ petition, pendency of an F.I.R. bearing Case Crime No.1240 of 2010 Case No. 3399 of 2011 under Sections 279, 337, 338 and 504 I.P.C., Police Station Kotwali Nagar, District Gonda has been mentioned and after concluding the investigation, charge sheet has been filed and trial is pending.
4. We have already elucidated the law with regard to matters where passport is not being issued on account of pendency of criminal trial in our judgments such as decision dated 20.11.2018 passed in Writ Petition No.31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.'; judgment dated 03.12.2022 rendered in Writ-C No.8621 of 2022 : 'Shiv Shankar vs. Union of India & Ors.'; decision dated 21.06.2022 rendered in Writ-C No.3617 of 2022 : 'Smt. Rashmi Kapoor vs. Union of India & Ors.'; decision dated 13.11.2024 passed in Writ-C No.9562 of 2024 and a recent decision dated 21.10.2024 rendered by this very Division Bench in Writ-C No.8874 of 2024 'Shah Alam vs. Union of India & Ors.', yet writ petitions are being filed seeking such reliefs as has been prayed therein. This wastes the time of the Court. Petitioner should seek remedy before the Court where criminal trial is pending in the light of our judgments referred hereinabove.
5. Accordingly, the petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.]
Order Date :- 29.5.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench